‘Equally, it is recognized that the formal and rather intimidating atmosphere of the ordinary courts is not necessarily the most appropriate one in which to decide such matters. Even where the dispute cannot be resolved internally. In recognition of this fact, various alternatives have been developed specifically to avoid the perceived shortcomings of the formal structure of law and court procedure.’
(English Legal System; Slapper & Kelly; 2012)
Critically analyse the alternatives to civil court action that are available for businesses.
The Civil court system is the system which is accessible by everyone to justice and keeps a balance in society. This system deals with cases in a reasonable speed and low cost money. The case is judged by an experienced person who has particular knowledge. The system is divided by the functions and rules into the following categories; Magistrates Court, County Court, High Court and Supreme Court.
1) The Magistrates court is a lower level of court which deals with criminal issues and civil matters. A Magistrates' Court is usually presided over by three magistrates; they are called Justices of the Peace. The panel of judges is often called the Bench. Magistrates are not paid, but they can claim for expenses and loss of earnings (Dave Howell, 2012).
2) The County Court is intended for the resolution of miniature matters, much like the magistrate court. These are usually local courts. They separate the distribution in which there is being solved.
Small claims track provides a simple and informal way of resolving disputes and should enable you to dispense with the service of a lawyer. The amount in disputes normally be less than £ 5000 Bennie.D (25th Oct 2009)
Fast track claims are usually solved in one day. Multi track claims are a collaboration of small claims and fast track claims.
3) High Court of Justice is covenant with all high value and important cases. They deal with more brutal cases and the judge is given more power to distribute severer punishments, than magistrates. This type of court consists of three divisions:
1) The Queen’s Bench
2) The Chancery
3) The Family Divisions.
4) The word supreme defines itself as ‘powerful’. The Supreme Court is the highest court. It is also called the court of last resort because if anybody wants to appeal after lots of failure then he have chance to file a lawsuit in the high court.
Disadvantages of Civil Court
The civil court is generally known as an expensive court, which is not always suitable for everyone. There are many cases in civil court where the cost is more than what is alleged.
The method of civil court takes a longer time, which will result in delaying of trials.
There is no privacy in the civil court; it is open to the public and the press, which can lead to all sorts of publicity.
The judge who declared the decision doesn’t have any technical expertise, which will have a negative impact on the person who is filing the case.
Court service chooses the trial date.
Alternative Dispute Resolutions (ADR)
ADR is a process - alternative to court action - where the parties choose an independent third-party and agree on the timetable rather than having these imposed by someone else. It is a process of adjudication and parties may, or may not; agree at the outset to be bound by the decision.
Alternative Dispute Resolutions are the collaborative term of solving disputes. It is the best alternative option for dissolve the agreement. There is much better outcomes in the ADR than the court. They use different ways to solve the disputes.ADR may be also being an
Option for trying to resolve a problem where there are no formal alternative.
They are more flexible than the court process. A case may be discussed on the phone, face to face conversation or…